Kill the Bill H.R. 3012

The House of Representative has passed H.R. 3012. and now waiting for the Senate to make a decision. The bill if passed into law, would eliminate the per country numerical limitation for employment-based immigrants and increases the 7% limit to 15 %.

This bill will award substantial amount of 140,000 green cards per year to Indian and Chinese(IC) resulting in little or no quotas available to the rest of the world.

All concerned people are advised to sign the opposition petition that goes to the representatives as well as to the president Obama. The petition takes less than a minute and can be filed by going through:

We are writing on behalf of all citizens concerned with an immigration bill- HR 3012, that eliminates the per country numerical limitation for employment-based immigrants, and increases the per country numerical limitation for family based immigrants from 7% to 15%. I think we should consider the following points before moving the bill any farther:

– The bill is retroactive to October, 2011 and offers a 3 year implementation transitional phase when it provides worldwide applicants a merely 15% reserved visas. But the fiscal year has already started, and by the time the bill becomes a law, that reserve will be completely consumed, which means- for the rest of this fiscal year, these categories will have no available visas at all. This would inevitably send a wrong message to the employers.

– The bill proponents estimated (!) a ridiculous 70-year waiting for some employment based applicants, but they hide the fact that the actual spillover rule that currently helps the backlogged EB2 applicants and will help EB3 applicants in foreseeable future! At the moment, the oldest applications of EB2 category (mostly Indians) are enjoying the spillovers (about 15% of all visas) from EB1 and EB5 and are moving at a very fast pace.

At this rate they will soon reach the cutoff dates of all other countries, and old applications under EB3 category will be qualified to receive them. This will drastically reduce even the backlogs waiting time by several years into a single digit year period. It is worth noting that due to the spillover rule, in reality, some 30% of the total visas went to applicants from India and China in 2010. [http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2010/ois_yb_2010.pdf]

– The country quota had been placed a few decades ago to prevent too many doctors and nurses from Philippines backlogging the system. What was fair for doctors is no longer fair for IT professionals- the very group that has the highest number of H-1B frauds? Why should rural IOWA loose a doctor who reverse migrates because of long waits at the expense of an IT professional?

– Generally speaking the return migration flows appear to correlate more closely with the ease of circulation, than with economic condition in receiving countries. The matter of the fact is, the long wait understandably has not caused a reasonable return migration in India. Research shows, “sustained economic improvements in Eastern Europe are widely thought to have facilitated the large scale return migration of Poles and certain other Eastern Europeans”. [Source: http://www.migrationpolicy.org/pubs/lmi_recessionJan09.pdf]. So, at the end of the day-the real loser will be the US businesses and all the drivers of US economy.

It is very unfair not to support this bill because people from INDIA in EB3 category are waiting for their green cards more than 15 years now and wait time can go upto 70 years in near future for this. People from some other countries are getting green cards within 1 or 2 years and this is fair. We are already here in USA and staying leagally also paying taxes everything according law. we are not illegals in USA. Do you think like 100 people waiting for movie ticket and you are coming in as a 101th person then straight away walking into counter and buying ticket ignoring other people in the queue. The green card process right now it is like this. If HR 3012 becomes law then it is first in first out for green cards. PLEASE DO SUPPORT THIS BILL ALL THE COMMUNITIES and CITIZENS here in USA.

– HR 3012 reforms the employment based immigration for better:
WRONG! It practically allocates pretty much all visas to India and China only for the next three years- all other countries will suffer a 6 year additional wait time on the average.

– Some green card applicants from India may suffer a 70 year waiting period:
WRONG! The worst category in employment based immigration has a waiting period of 9 years now, which will be further reduced as a direct consequence of the visa spillover rule.

– HR 3012 will help ease the immigration pain for the “brightest”-
WRONG- The advanced degree holders are already advancing at a fast pace, many of the people who would be benefitted (EB3 category mostly) don’t even require a Bachelor’s degree in some cases.

– HR 3012 will bring fairness to immigration by eliminating country limits:
WRONG! The bill will be unfair to those from all other countries facing an additional 5/6 years of waiting period. Changing rules retroactively will immediately make visas unavailable for every other country. The next two years two countries will get 90% visa, and all others will get merely 10%. Sounds fair to any reasonable soul?

– HR 3012 does not impact the immigration flow, because it does not increase or decrease the total visa.
WRONG! The labor data shows 80% green card applications in the IT come from India, in the Education come from all other countries( except India and China), and in the Healthcare come again from again all other countries( except India and China). This means the phase out period, i.e., the next three years will suffer a serious shortage of skilled immigration in Healthcare and Education at the expense of IT.

– HR 3012 does not change diversity, as it is a small percentage.
WRONG: The educated workforce diversity will be at stake. Basically, at workplace, you are likely to see an inflow of only Indians or Chinese immigrants. This is due to the radical nature of the transition proposal- which tries to change too much in a short time, that too at the expense of others.

India/China only gets 7% employment visa:
WRONG! Every year India alone gets 21-22% visas- because unused visas from
other categories fall in their pocket.
BEEP!!How did you come up with this magic number? Do you have data to support this incredible claim?

HR 3012 reforms the employment based immigration
for better:
WRONG! It practically allocates pretty much all visas to India and China only
for the next three years- all other countries will suffer a 6 year additional
wait time on the average.
BEEP!! Read the Bill text. It only implies first come first serve.

Some green card applicants from India may suffer
a 70 year waiting period:
WRONG! The worst category in employment based immigration has a waiting period
of 9 years now, which will be further reduced as a direct consequence of the
visa spillover rule.
BEEP!! Take a look at the latest USCIS Visa Bulletin. There are categories with current processing date as way back as Aug 2002 (that’s more than 10 years). This category moves forward by 1-2 weeks only every month. So the waiting period will only get worse in the future. The 70 year waiting period is a correct estimate for a new entrant to this category.

HR 3012 will help ease the immigration pain for
the “brightest”-
WRONG- The advanced degree holders are already advancing at a fast pace, many
of the people who would be benefitted (EB3 category mostly) don’t even require
a Bachelor’s degree in some cases.
BEEP!!- There is a very significant percentage of Masters degree holders in the EB3 category. They ended up there due to their immigration lawyers.

HR 3012 will bring fairness to immigration by
eliminating country limits:
WRONG! The bill will be unfair to those from all other countries facing an
additional 5/6 years of waiting period. Changing rules retroactively will
immediately make visas unavailable for every other country. The next two years
two countries will get 90% visa, and all others will get merely 10%. Sounds
fair to any reasonable soul?
FANTASTIC LOGIC!! It is fair for applicants from China/India to wait for more than a decade. But it is not fair for others to wait for another 4-6 years. FYI, the rules have been changing regularly for the last few years. And each of the rules change has added more waiting times to the China/India categories. Go back and check the records.

HR 3012 does not impact the immigration flow,
because it does not increase or decrease the total visa.
WRONG! The labor data shows 80% green card applications in the IT come from
India, in the Education come from all other countries( except India and China),
and in the Healthcare come again from again all other countries( except India
and China). This means the phase out period, i.e., the next three years will
suffer a serious shortage of skilled immigration in Healthcare and Education at
the expense of IT
BRAVO!! The green card applications in employment category are initiated by the Employers (not the employees). That itself is proof that there is a demand. If the demand in Education or Healthcare was more than then you would see more applications from those industries.

HR 3012 does not change diversity, as it is a
small percentage.
WRONG: The educated workforce diversity will be at stake. Basically, at
workplace, you are likely to see an inflow of only Indians or Chinese
immigrants. This is due to the radical nature of the transition proposal- which
tries to change too much in a short time, that too at the expense of others.
ID-Ten-T!! Addition of 100000 (Maximum) per year is going to change the diversity of a country with 350+ million population?

What’s your ethnicity Guillaume?…I may be able to shed some light on you too…Shame on you for making a racist comment, you do not belong in U.S and hence should be sent back to Canada or France…wherever you are from.

Guillaume is 100% right. Most indians I work with don’t even qualify for an H1B visa let alone a green card. Ihave interviewed many that were a complete fraud. HR 3012 will bring in more indians and more chinese and will cause an imbalance.

The bill will give unchecked reign to the Indian software industry. The majority of these visas will go to Indians who came in through consulting companies and body-shops. This pattern will continue in the future and will severely hurt the US IT industry.

Looks like, you as a manager or project leader, is a total disaster. Please do not blame on whom you interviewed or hired. It is your fault that you hired him and it shows your inefficiency to manage them. Looks like you are the number one fraud. And you projected yourself in front of the public!!!
By the way, how did USCIS issued a Green card for you?

Due to something called SPILLOVER RULES in the EB category. Indian and Chinese already get around 50-60% of the visas. The whole problem is this:

more than any other Nation, Indians apply for EB green card. Primary reason for this is the existence of Indian Consulting Firms Like InfoSys and Satyam in US. These companies file for 100K Plus Visas each year. The process is extremely inefficient for verification and in case of MAJORITY of Indian High-Skilled immigrants, they dont even have US degrees. So these companies submit “Evidence” of the skill of these individuals with experience in IT in obscure towns in India and degrees from obscure Indian Universities. When these individuals come over here and replace American workers, they dont have any real skills. They recieve training AS THEY ARE WORKING in a highly skilled job and are given support by the Consulting firm that brought them because they are working practically for free. After “laundering” their experience by working for 4-5 years and making the consulting a fortune in consulting fees earned on their behalf, they switch jobs and file for green card. At this point their experience is valid (at least for the past 3-4 years) and they have effectively replaced the American worker.

So now these people end up in the Green Card Queue. The problem is RAMPANT in INDIAN IT Worker’s case because there are these BILLION dollar consulting firms that are committing these frauds. JUST SEARCH SATYAM, IGATE, PATNI, INFOSYS and the like and see how many H1bs they file each year. NONE of the other countries, EVEN CHINA, has these visa mill firms making billions. This is a systematic abuse of the American system. The only deterrent to these individuals is the long wait time. And now, all these people waiting in the queue working in jobs and having real experience now and money earned in America have collected money and through ImmigrationVoice.org (a so called Immigrant Advocate org, which is in fact an Indian Immigrant advocate organization as proven by this bill that is against everyone but India and China) have hired lobbyist to influence congressmen. They realize that what is FAIR and UNETHICAL is secondary question and not how politics work in US, what matters is that you grease a few palms and put a label like “Fairness for immmigration” label to keep the American public (that is mostly unaware of the skilled immigration procedure) fooled. So they have done that and are trying to eat every one Else’s lunch.

ALL YOU NEED TO KNOW is that this bill will DO NOTHING other than reducing the wait time ONLY for the Indians already in the queue. THAT IS ALL. WTF do we need a bill that does nothing more than that? I will tell you why, because these Indians waiting in the queue, have amassed money by breaking into the US workforce unethically (if not illegally) and know that they can buy off senators (or at least contribute to their campaigns significantly). If you actually want to know HOW the lobbying machine is in the works just go to the IMMIGRATION VOICE website:

They even gave pointers about how when members contact republicans they dont mention the Family Based limit going up to 15% from 7% (which would essentially allow more parents/relatives from Mexico, of American Born citizens, anchor babies in often cases) and mention this limit when they call democratic senators.

You really need counselling for your thoughts. Who told you it is not fair for first in first out for green card process. If you think you are from very small country like Nepal or Srilanka gets 7% quota compare to INDIA and CHINA have very big population. For you kind info people are already staying leagally and working leagally, paying taxes, contributing in SSN, medicare and we also contribute in USA GDP. People are waiting for green cards more than 15 years from INDIA with EB3 category the reason many people may not apply their green cards as soon as they step into this country. If same process continues it may take more than 70 years also to get green card for INDIANs in EB3. Please all senators do support this bill and make it law asap. It is very much fair bill I ever saw it. Thanks for your support.

HR 3012 is NOT attracting or helping “bright and best” immigrants, instead, it is driving the real ones away because of the wait time will be long for the rest of the world.

Indians keep saying the are “bright and best”, my question is there are only 7 laureates of Noble prize from India, while there are 58 from France, 102 from Germany, 20 from Italy, 20 from Canada. Bigger population doesn’t necessary guarantee more smart people there. If 90% of the green cards all go to 2 countries, while the rest of the world has A LOT MORE talents out there, it is driving away the talents and making USA less competitive. Besides, it is no secret that there are so many H1b frauds and removing the country cap is to encourage more abusers to move to US.

why guys are not realized about first in first out and what extra ROWers having it. do you think everybody needs nobel prize for getting green card if that is the case then no body will get green card. guys think about the diversity lottery that USA brings people every year who does not have any technical skills. do you think that is fair and people who already in USA paying taxes leagally and staying leagally are not eligible to get green cards. This is very bad we are keep on saying why only INDIANs have to wait for green cards more than 12 to 30 years(in near future) and other people can get green cards in 2 or 3 years. Please support this bill as it is.

HR 3012 is a scam bill from immigrationvoice.com. Most of the information that was given to the congress was flawed. My should a country like india/china get 90% of green cards. Fair bill.. no way. A lot of the Indians I worked with are not qualified. Many were hired by Infosys… with illegal and fraudulent experience. I know it, I am indian and I saw it first hands from some of my colleagues who are were from India. A lot of them lied to clients, lied about their experience …. I am ashamed that most of the bad H1B candidates I met are from my own country of India.

I do not know whom you worked and it is their mgr or HR job to remove those employees if they are not working upto bench mark. It is not your business to tell all people are same……how many people you know who worked with u either you are not upto your job or you are jealousy with INDIANS. They are the most people you see in IT today. why you are thinking about some group of people and the bill HR 3012 is very fair that means the bill says first come first get green cards. not every body from Gujarat to get their green cards through their family members(either parents or siblings).

Rep. Chafetz’ bill (H.R. 3012) which would phase out the per-country limit for employment-based immigrants and increase the limit for family-based passed the House. It was put into the “hotline” process in the Senate, which means that the bill can be halted if any member objects. And, not surprisingly Senator Grassley​ put a hold on it.

To release his hold Grassley wants dramatic changes including: reducing the employment based per-country limit to 15% and eliminating the family per-county limit increase. Furthermore, he’s insisting that the completely absurdDurbin/Grassley H-1B limitation provisions that were shot down back in 2009 become apart of the bill.

The Durbin/Grassley H-1B limitation provisions essentially prevent employers from hiring skilled foreign workers as they would have to go through a process similar to the labor certification process for a green card. This would include an in depth recruiting process and proving non displacement of U.S. workers. The employer must also pay wages above what comparable U.S. workers earn. The employer could also not send the worker to a secondary work site (i.e. no more traveling physical therapists, occupational therapists, and computer consultants). Reporting requirements would also greatly increase among other restrictions.

In other words Grassley wants to make the H-1B program so expensive, time-consuming, and burdensome for employers that it would eliminate the program. As an employer will not want to pay tens of thousands of dollars in legal fees, spend months recruiting, and pay the foreign worker more than U.S. workers. Many employers will simply pack up their businesses and move them to another country.

Obviously, Grassley either doesn’t care about American businesses or simply doesn’t understand high school level economics. It baffles me that the people in Iowa continue to elect him.

Wake up – just because you had few bad personal experiences will not mean that an entire community is fraudulent. The experience and this bill has nothing in common.

The country (which ever) needs to groom people who migrate to theirs as it is a privilege to the applicant and pride to the country. Skills are gained and nurtured based on its environment. US is one of the great land where most of the people around the world envy about. One reason – it has been fair to a diverse crowd. All of us are immigrants to this land unlike few ancient population. So this land’s power lies beneath the unseen wealth the immigrant population.

I would recommend, instead of shouting people from India are all frauds, please do a case study on fairness and gather data to prove your comments.

You mean to say Indians are fraud and DHS employees/Visa Coundelors are dumb who cannot ideitify the fradulant companies and employees ?

If DHS is providing H1b Visa the person is qualified and equally qualified as ROW person with H1b.

Regarding Eb3 Category how is Eb3 India/China less qualified than Eb3 Nepal or Rest of the world? Is it fair to them to have to wait for 10-20 yrs where as Nepali (or ROW) guy gets his green card in a year ?

country like portugal (smaller in size) gets same number of visa as country like china, maxico, india (larger in size), those big size country need bigger amount of numbers….So I would say VOTE YES on HR3012….so it will create same opportunity to all people same regardless county and boarders….

country like portugal (smaller in size) gets same number of visa as country like china, maxico, india (larger in size), those big size country need bigger amount of numbers….So I would say VOTE YES on HR3012….so it will create same opportunity to all people same regardless county and boarders….

HR3012 is America’s best interest…country needs skilled workers..why in the world they want to waste limited numbers on lets say people from Timbuktu or Nepal..hello does Nepal even have schools? First come first serve is fair thing to do..as noted in previous comments small countries like Nepal have already enjoyed enough visas.

HR3012 is America’s best interest…country needs skilled workers..why in the world they want to waste limited numbers on lets say people from Timbuktu or Nepal..hello does Nepal even have schools? First come first serve is fair thing to do..as noted in previous comments small countries like Nepal have already enjoyed enough visas.

Please contact the programmmers guild and show your displeasure for this bill. By changing the caps to countries that primarily export software and IT – American workers in this industry will be severely hurt.

This bill opens up the flood gates for IT and software people that will lower wages to levels that will be below subsistance. This will not help the economy it will destroy an industry for short terms profits (that will go to IT management – not workers).

Senator Grassley thought that 15% was an adequate level for country cap – Indian lobby has pushed for 100%. Don’t let Indian lobby destroy an American Industry for short sighted goals.

I understand that ROW will be affected by HR3012 as they are currently enjoying the benefits of an unfair system. But that is no reason to continue the unfairness. ROW has nothing to lose except current benefit they are enjoing.
As you can see 7% alocation is unfair for whole world’s 40% population(total of two countries).
Someone mention in earlier post that waiting time is less than 10 years for EB3-IN&CH, but I been waithng for 14 years and if 3012 does not pass another 10years for sure.
This is not unfair for me????????
HR3012 must pass – pass – PASS – PASS.